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Business Entities Keyed to Chiappinelli
Mason v. Mason
Citation:770 S.E.2d 405 (S.C. App 2015)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The company operates five tire and auto service stores. In 1998, the company was formed and ownership of the individual stores was transferred to the company. At that time, father owned 520 shares, mother owned 160, son owned 160, daughter owned 90, and Ozzie owned 70. On August 18, 2007, son offered to purchase all but 5% of daughter’s 25% interest in the company for $625,000 or to sell 25% of his interest in the company. He testified they had numerous discussions about different options of shareholders being bought out because they were not getting along. Both father and daughter turned down son’s offers. On October 24, 2007, a shareholders meeting was held and father was elected president and son was elected vice president. Son filed a complaint against the Masons and the company, asserting causes of action for breach of contract, breach of fiduciary duty, civil conspiracy, relief and others.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.